Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$3,000
to Landlord
Agree with the ruling?
Citation: Leaf v. Gonzalez, 2023 ONSC 3899
File Number: 23-1340
Hearing Date
Jun 2023
Order Date
Jun 30, 2023
The Divisional Court dismissed the Tenants' appeal of the Landlord and Tenant Board's decision to terminate their tenancy and evict them. The court found that the appeal did not raise questions of law alone, which are required for appeals from the Board. The court upheld the Board's decision that the notice of termination was valid and that there was no procedural unfairness to the Tenants.
Tenants appealed a Landlord and Tenant Board order terminating their tenancy and evicting them due to smoking marijuana in the rental unit, which affected the health of the Landlords' children. The Tenants argued that the notice of termination was invalid and that they were barred from providing evidence at the hearing.
Landlords argued that the notice of termination was valid and contained sufficient details for the Tenants to know the case against them.
Landlords provided a meticulously detailed notice with numerous dates when marijuana was smoked by the Tenants, causing health issues for the Landlords' children.
Tenants argued that the notice of termination was invalid due to lack of specific times of marijuana use, and that they were barred from providing evidence at the hearing.
Tenants admitted that they smoked marijuana in the rental unit.
Tenants admitted to smoking marijuana in the rental unit, which affected the health of the Landlords' children.
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Other Amount
$3,000
Costs awarded to Respondents
Ordered Amount
$3,000 (to Landlord)
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